Appeals court overturns rare Mich. death sentence

Topics in Legal News 2011/08/02 08:42   Bookmark and Share
A federal appeals court on Wednesday overturned a death sentence for a western Michigan man who was convicted of drowning a young woman in a remote lake to prevent her from pursuing a rape case against him.

The court upheld Marvin Gabrion's conviction, but said the sentencing phase of his extraordinary 2002 trial in Grand Rapids federal court must start from scratch.

Gabrion's lawyers should have been allowed to tell jurors that he would not have faced a possible death sentence if prosecuted in state court because Michigan doesn't allow capital punishment, the appeals court said.

U.S. District Judge Robert Holmes Bell barred Gabrion's defense team from making that pitch during the sentencing phase. It may not have made a difference in the ultimate result, but the appeals court said it's a legitimate argument to make to jurors, who unanimously chose the death penalty.

Rachel Timmerman's body was found in a lake in the Manistee National Forest in Newaygo County in 1997. The U.S. attorney's office had jurisdiction because the victim was found in a portion of the lake that is federal property.

During the sentencing phase, prosecutors blamed Gabrion for the disappearance of four other people, including Timmerman's daughter. The body of one, Wayne Davis, was found floating in another lake a few months after the trial. No charges have been filed.




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Buffalo city lawmakers irked by law firm's TV ad

Topics in Legal News 2011/08/02 08:41   Bookmark and Share
Some city lawmakers in Buffalo want a local law firm to stop running a television commercial that was filmed inside the Common Council Chambers.

The Buffalo News reports that the ads touting the Cellino and Barns law firm were filmed in the chambers on a Saturday in June after the building was closed to the public. The city prohibits commercials from being filmed in City Hall.

Common Council President David Franczyk says he never was informed of any plans to film a commercial in the ornate chamber. Majority Leader Richard Fontana told the newspaper he wants the firm to stop running the ads.

The firm's chief operating officer says they'll continue airing the commercial, which was shot while a filmmaker was inside the building shooting scenes for a movie about Buffalo.


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Lawyer: Norwegian attacker makes demands

Topics in Legal News 2011/08/02 08:41   Bookmark and Share
The confessed killer in Norway's twin terror attacks that claimed 77 lives has presented a long list of "unrealistic" demands, including the resignation of the government and that his mental condition be investigated by Japanese specialists, his defense lawyer said Tuesday.

Geir Lippestad told the Associated Press his client has two lists of demands. One consists of requests common among inmates such as for cigarettes and civilian clothing. The other is "unrealistic, far, far from the real world and shows he doesn't know how society works," Lippestad said by telephone.

Lippestad said 32-year-old Anders Behring Breivik links this second list to his willingness to share information about two other alleged terrorist cells that Breivik has mentioned during questioning.

"They are completely impossible to fulfill," Lippestad said, adding that although Breivik has agreed to be examined by local psychiatrists, he also wants to be investigated by Japanese specialists.

"He claims the Japanese understand the idea and values of honor and that a Japanese (specialist) would understand him a lot better than any European would."


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Iowa insurers get more time on new health law

Topics in Legal News 2011/07/24 08:23   Bookmark and Share
Iowa insurance companies have been given more time to comply with a new federal rule designed to curb insurers' profits.

The regulation that went into effect this year calls for insurance companies to spend at least 80 percent of premiums on medical care and quality assurance. For employer plans covering more than 50 people, the requirement is 85 cents. Insurers that fall short of the mark are required to issue their customers a rebate.

The U.S. Department of Health and Human Services told the state on Friday that Iowa insurers will be given have to reach the 80 percent mark by 2013, but will be required to meet interim goals until then, the Des Moines Register reported.

The Iowa Insurance Division had requested extra time to comply with the law, citing fears that insurers would leave the state in droves. Six pulled out of Iowa after the law was passed.

Steve Larsen, director of HHS' Center for Consumer Information and Oversight, said in a letter to the state that implementing the law in Iowa in 2011 could cause turmoil in the insurance market. So, he laid out a timetable for compliance that calls for Iowa insurers to spend 67 percent of premiums on medical care this year, 75 percent in 2012 and 80 percent in 2013.

Iowa insurance commissioner Susan Voss said she wasn't displeased by the decision. The state had sought even more time for companies to comply, but, "I don't think we'll see companies exit as a result of this," Voss said.

Of those particularly hard-hit by the law are insurers who sell individual policies because those premiums are more volatile. Employers or large groups can negotiate for better premiums, and the risk in those plans are spread among the group.

There are 56 insurance companies in Iowa that offer individual policies. Seven of those account for 95 percent of the market, with Wellmark holding onto almost 84 percent. Wellmark spent 92 percent of premiums on care but none of the state's other top insurers met the 80 percent standard in 2010.

Federal regulators said that had the law gone into effect this year, Iowa consumers would have received $6.5 million in rebates over three years.


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Calif county drafting solar-ag compatibility law

Topics in Legal News 2011/07/24 08:23   Bookmark and Share
A California county is drafting a solar power law designed to protect agriculture.
The Yolo County ordinance would require solar project applicants to prove there is no available non-prime farmland nearby and would require developers to set aside land for farming and wildlife.

The Sacramento Bee says a vote on the ordinance could come as early as September.

Big solar projects are blossoming in California because of a new state law requiring utilities to obtain 33 percent of their power from renewable sources. The deadline for hitting the 33 percent mark is 2020.

Plans for a solar law come as developers Angelo Tsakopoulos and Phil Angelides propose rows of metal and concrete solar panels on 688 acres of rice-growing land in Yolo County near Interstate 80 and the Yolo Causeway.

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Ford shares fall after $2B judgment in dealer suit

Topics in Legal News 2011/06/13 20:25   Bookmark and Share
Ford Motor Co. shares sank early Monday after an Ohio judge said the automaker had to pay nearly $2 billion in damages to thousands of dealerships who participated in a 2002 class-action lawsuit. But the shares pared their losses as several analysts downplayed the news and said Ford can absorb the damages even if loses a planned appeal.

Cuyahoga County Common Pleas Judge Peter Corrigan in Cleveland issued the ruling based on a Feb. 11 jury determination that the company overcharged dealers for commercial trucks over 11 years. The $2 billion award covers more than 3,000 dealerships and about 474,000 trucks. It includes a judgment of about $781 million and about $1.2 billion in interest.

Ford is appealing the decision. Ford chief counsel David Leitch said Monday that it will likely take several years for the case to wind its way through the Ohio appeals system.

Standard and Poor's reiterated its "Buy" rating on Ford Monday afternoon, saying that if Ford loses the appeal it would be "costly but absorbable," with Ford taking a hit of around 47 cents per share. Barclays Capital analysts also reiterated a "Overweight/Neutral" rating and said they don't expect a significant impact to Ford's cash position in the near term because of the length of the appeals process.

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